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Philippines
1328. By letter dated 5 August 2004, the Special Rapporteur notified the Government that he had received allegations concerning:
1329. Flory Balilid, a 25 year-old farmer, of Barangay Sinapulan, Columbia, Sultan, Kudarat. On 12 February 2004 at 7am, Flory Balilid was riding his horse on the way to Sitio Malpikat from his house to haul corn when he saw about 100 heavily armed soldiers of the 66th Infantry Battalion, 6th Infantry Division. One of the soldiers approached him and ordered him to dismount. The soldiers insisted that he was a courier of the New People’s Army (NPA). They covered Flory Balilid’s face with a cloth and started beating him with armalite butts on his chest, underarm and punched his neck, shouting, "Ikaw ang isa kakumander nga NPA! (You are an NPA commander)". He was then told to remove his t-shirt and stand with both arms outstretched. One of the soldiers then pulled down Flory Balilid’s briefs to his knees, and they mocked him. The cloth covering his face was removed and he saw that five were aiming their guns at him. He escaped towards Poblacion Barangay Sinapulan, and accompanied by his uncle, he reported the incident at the police station in Poblacion Colombio, Sultan Kudarat. This was followed by a medical examination.
1330. J. R., 16 years old, Jonathan Rom, Louie Rom, and Genson Rom. On 13 February 2003, they were arrested by members of the 19th Infantry Battalion based in Brgy. They were handcuffed and accused of being rebels. During the interrogation J. R. was punched and beaten every time he denied being a member of the New People’s Army (NPA). He was hit on the neck and left for dead in an isolated area. J. R. woke up after a few hours and manage to return to his house. He was taken to the hospital by his uncle. There the military arrived and took him to the Burauen Municipal Jail, having charged him with multiple homicide. The three other persons were released after spending three days in military custody. J. R. was transferred to a detent ion cell for minors at the Leyte Sub Provincial Jail in July 2003.
1331. Jose Cañedo Suplaag, a 41 year-old farmer of Sitio Kalogtogan, Brgy. Pili, Danao City, and his son, J. S., 17 years old. On 2 December 2003 Jose Cañedo Suplaag returned home from working on his farm to find a group of soldiers resting in his yard. They pointed their weapons towards him, ordered him to raise his hands in the air, and then he was tackled to the ground by another soldier. When J. S. tried to intervene, one of the soldiers kicked him twice in the stomach. Jose Cañedo Suplaag was handcuffed and brought to the Barangay hall in Pili. The soldiers claimed that subversive documents were found in his possession, and Jose Cañedo Suplaag was forced to hold some papers and be photographed. He was then taken to the headquarters of the 78th Infantry Battalion in Brgy. Damolog, Sogod, Cebu. He was accused of being a member of the New People’s Army (NPA), and when he denied this the soldiers covered his head with a plastic bag full of crushed "siling labuyo" (pepper), a technique known as the “dry submarine”. The soldiers punched him on the back using their elbows, and threatened to kill him if he did not confess. This ordeal lasted for about two days. He was forced to sign a document of which he did not understand as he was illiterate. On 4 December 2003 he was brought to the Danao City Jail and he was charged with the illegal possession of firearms at the Regional Trial Court, Branch 25.
1332. By letter dated 10 August 2004, the Special Rapporteur notified the Government that he had received allegations concerning:
1333. Abdulla Ayub, age 53. On 27 January 2003, in Damulog, Bukindnon, he was struck with an armalite butt and hit on the back by two members of the 8th Infantry Battalion, 4th Infantry Division of the Philippine Army (whose names are known to the Special Rapporteur). He was accused of being a member of the Moro Islamic Liberation Front (MILF).
1334. Talib Macaangon, age 24, and Eddie Redoble, both farmers. On 24 February 2003 they were detained by members of the 102nd Brigade in Barangay Sanito, Ipil, Zamboanga Sibugay. Talib Macaangon’s feet were tied to a chair, his hands were tied behind his back, he was blindfolded with a malong garment, and his head was covered with cellophane. He was punched on the back for about thirty minutes until he fell on the floor, and water was poured into his nose. Eddie Redoble was punched and beaten several times. They were suspected of being members of MILF.
1335. Bangcola Kamao, a 38 year-old farmer, S. K., age 17, and Acmad Ampatuan, a 33 year-old band saw worker. On 28 March 2003 in Barangay Lilod, Marawi City, they were suspected to be members of MILF and beaten by members of the 58th Infantry Battalion led by a First Lieutenant (whose name is known to the Special Rapporteur), based in Cadayunam, Marawi City. Bangcola Kamao was punched three times in his stomach until he was unconscious. He was later hit by an armalite butt in the stomach, and three times on the foot with an M-16’s silencer.
1336. T. U., Ting Idar, To Akmad, age 30, J. B., and Esmael Mamalangkas (cited in a previously transmitted communication, E/CN.4/2004/56/Add.1, 1325).
1337. Saraudin, age 24. On 28 May 2003 in Sitio Bacuring, Purok 1-A, Barangay Madaum, Tagum City, he was detained and beaten on suspicion of being a member of MILF by members of the 60th Infantry Battalion, Special Forces, Task Force Davao, and the 72nd Infantry Battalion. Saraudin was blindfolded, his head was wrapped in cellophane, he was kicked in the stomach, and electric shock was applied to the left side of his neck.
1338. Hadji Omar Ramalan, age 50, Poblacion Bacolod, Parang, Maguindanao. At 9am on 9 January 2004, he and his wife were arrested at a checkpoint by ten members of the 64th Infantry Battalion in Barangay Langkong, Matanog, on suspicion of involvement in a recent bombing. They were taken to the headquarters in Barangay Sarmiento, Matanog and later transferred to the 3rd Infantry Battalion headquarters in Bliss Nituan, Parang. Upon arrival at the headquarters, they were both blindfolded. Hadji Omar Ramalan was transferred to another vehicle and taken to an unknown place, and his wife was later released. During his detention from 9 to 12 January, he was placed in a solitary cell and stripped of his clothes. He was kicked, hit with a hard instrument, electric shock was applied to his body, his fingers were squeezed with bullets between them, and he was forced to drink alcohol and urine. He was threatened that he would be dumped into a canal and his penis would be fed to a dog. On 12 January he was turned over to the Bureau of Correction in Cotabato City by the military police of the 6th Infantry Division. On 14 January he was examined at the Cotabato City Regional Hospital, and the medical report indicated he suffered injuries on his nose, ears, upper back, wrists, knees and forehead.
1339. James Francis Defiesta, age 18, Sitio Tan-awon, Barangay Malinawon, Mawab, Wilfredo Damalerio, age 30, and Evelyn Alicaba, age 38, both from Barangay Mipangi, Nabunturan, in Compostela Valley Province, MindaNo. At around 9am on 27 June 2004, they were arrested by members of the 60th Infantry Battalion on suspicion of being members of the New Peoples Army. Wilfredo Damalerio’s hands were tied with rope and he was hit three times in the stomach. James Francis Defiesta was punched repeatedly in the stomach and face, and hit twice with a butt of a gun on his neck, and once in his stomach. His hair was cut off before his hands were tied. At noon they were transferred to the Nabunturan Police Station, and on 29 June they were transferred to the BJMP District Jail, Montevista. They did not received adequate medical attention prior to nor after their transfer to the jail.
1340. By letter dated 11 November 2004, the Special Rapporteur notified the Government that he had received allegations concerning:
1341. Senen Gambong, age 50, Sitio Tambis, Barangay Baculin, and Eduardo Nuñez, age 38, Sitio Banyag, Barangay Batawan. On 8 June 2004, they were among eight persons arrested by by the 30th Special Forces led by an officer (whose name is known to the Special Rapporteur) in Sitio Lumbia, Barangay Batawan, Baganga, Davao Oriental. Those arrested were accused of membership in the New Peoples Army (NPA). They were brought to the 30th Special Forces headquarters at 3pm and detained until 10 June 2004. Five persons were released. Inting Bantayan was reportedly killed during the arrest. Senen Gambong and Eduardo Nuñez were beaten by the soldiers immediately after their arrest and during their detention, and forced to confess that they were NPA members. Senen Gambong was slapped, kicked in the right thigh, and punched in the face. Eduardo Nuñez sustained injuries to his stomach and had difficulty urinating. Relatives were denied access to the men when they visited the military camp on 9 June. At 1:30am on 10 June, the two men were turned over to the Baganga police station. There Eduardo Nuñez was beaten by a police officer (whose name is known to the Special Rapporteur). They were released at 3:30pm on 10 June and taken to Davao City for medical treatment.
1342. By letter dated 7 December 2004, the Government informed that on 8 June 2004, elements of the 30th Special forces Company led by a First Lieutenant encountered 30 fullyarmed members of the Communist Terrorist Movement (CTM)/ New People’s Army (NPA) in Barangay Batawan, Bangaga, Davao Oriental. The encounter resulted in the death of Inting (Danilo) Bantayan, and the capture of Eduardo Nuñez and Senen (Cenin) Gambong. They were brought to the Bagaga police station for investigation in the killing of a police officer murdered by the NPA in April 1996. The killing and capture of the men arose out of a legitimate encounter between government troops and the insurgents. The alleged acts of torture are devoid of truth and are meant to discredit a legitimate encounter of government troops against the enemies of the State.
Urgent appeals
1343. On 10 August 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, regarding Alvin S. Valdez, age 22, Kidapawan City, Mindanao. According to the allegations received, on 16 July 2004 at 1:45am, armed men wearing balaclavas forced open the door of his girlfriend’s house, and searched for a gun, while the family was held at gunpoint. It is reported that one of the men was not wearing a balaclava, and was identified as the Chief of Police of Kidapawan. They arrested Alvin S. Valdez and took him away. The family filed a habeas corpus petition, but during the hearing the Chief of Police denied being present when he was taken away, or ordering his men to arrest him.
1344. By letter dated 7 December 2004, the Government informed that according to the investigation report of the police authorities, the Chief of Police of Kidapawan City Police Station has continued to deny the allegations and has produced affidavits by persons to support his alibi. Some witnesses to the incident attested that the Chief of Police was not among the perpetrators. In the meantime, he has been relieved of his responsibilities pending the investigation. The National Bureau of Investigation is coordinating with the police authorities concerned and with the Kidapawan City Prosecutor. Two criminal cases were filed against the Chief of Police, and seven lawsuits for violation of domcile and unlawful arrest. They are pending before the Kidapawan City Prosecutor’s Office.
1345. On 3 September 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression, Mario Detroz, age 41, Joseph Gonzales, age 23, Ronaldo Comiso residents of Sampaloc district, Manila. According to the allegations received, on 18 August 2004, they were reportedly arrested by men believed to be members of the Intelligence Service of the Armed Forces of the Philippines (ISAFP). As the men drove through Sampaloc at around 5pm, their car was blocked by a waiting vehicle. Around ten unidentified men surrounded the car, fired a warning shot and forced Joseph Gonzales to transfer to the other vehicle. Both vehicles were then driven off in a convoy of several other cars. A local district official took the licence number of the assailant’s vehicle and recorded the incident in a logbook. Bystanders were reportedly informed that the incident was related to an operation against suspected bank robbers. No record of the arrest had been made. However a police officer, while denying knowledge of an arrest, reportedly confirmed that he had been informed by ISAFP personnel that an ‘operation’ was underway in the area. The officer gave the name of an ISAFP Staff Sergeant reportedly involved in the operation, but continuing inquiries about the whereabouts of the three men have been unsuccessful.
1346. By letter dated 9 December 2004, the Government informed that the allegations are unfounded. The ISAFP neither abducted nor detained these persons. Information on the alleged incident was brought to the attention of ISAFP as early as 24 August 2004 through letters from the Karapatan human rights organization and Baya Muna representatives. The ISAFP, after verification of its records, informed them that there was no such staff sergeant on its staff and it had no operation on 18 August 2004 in the area in question. In good faith, ISAFP allowed representatives of the victims to inspect its premises, including detention cubicles, as well as interview inmates, and examine the visitors’ and detainees’ log books. Nevertheless the family representatives filed a petition for a writ of habeas corpus before the Court of Appeals against the Chief of ISAFP.
1347. On 30 November 2004, the Special Rapporteur sent a joint urgent appeal with the
Chairperson-Rapporteur of the Working Group on Arbitrary Detention, concerning Danilo Mayo,
Mary Ann Vibat, Ronnie Ferrer, Marichu Cataquiz, Paterno Atienza, Precy Balmes,
Christopher Malabanan, Rufino Arante Tabares, Lijan Gunmay and Analiza Espiritu, San
Felipe, Cuenca, Batangas. According to the allegations received, on 6 November 2004 at around 6am,
the ten above-mentioned persons were travelling by an orange service jeep from Barangay Sirang
Lupa, Calamba City, Laguna, to Batangas via a RORO (Roll-On, Roll Off boat) at Abra de Ilog,
Mindoro Occidental. That day residents of Barangay San Felipe reported that they witnessed the
orange jeep blocked by a red Tamarraw jeep in the middle of the road. Two other vehicles were
parked nearby, one was avocado-coloured and the other was a CRV-Revo. The Revo had a red plate
with no numbers on it, but only the phrase "For Official Use Only". Tall men from the red jeep
wearing hoods, white shirts, ammunition pouches, and holsters forced the ten occupants out of their
vehicle and transferred them to the awaiting vehicles. Those who resisted were struck in the stomach,
kicked, and had their arms twisted behind their backs. While this occurred the armed men pointed
their rifles at the bystanders who were nearby or travelling on the road. The three vehicles left in the
direction of Lipa, Batangas. At 10am, residents of Barangay Ibabao witnessed a black van followed
by an orange service jeep parked in the middle of the road. The driver of the orange jeep abandoned it
and left in the black van. The residents reported the abandoned vehicle to the police on 7 November
and at 3pm it was towed to the Philippine National Police (PNP) station Barangay Ibabo, Cuenca,
Batangas. On 9 November 2004, at the Fernando Airbase the official civilian representative of the
airbase, stated that nine of the people had been charged with murder and illegal possession of
firearms. They were reportedly transferred to Fort Bonifacio and are held incommunicado.
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This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.